Is Divorce Mediation Right for You?
If you have moved to Canada from the United States, you have probably gotten used to the fact that Canada is like the U.S. except when it isn’t. Marriage and divorce laws in Canada and the U.S. are similar in several ways, such as that couples can divorce simply because they want to end their marriage and that the family courts apply the rule of equitable distribution of property and assume that it is in children’s best interest if they spend a lot of time with both parents. There are some major differences, though, which may surprise you if you are a U.S. national getting divorced in Canada. For example, in the U.S., the family courts refer almost all divorcing couples to mediation; they only bypass the mediation requirement if there is a reason not to engage in mediation. In Canada, the spouses have more choice in whether to attempt mediation or ask the court to decide the contentious matters in their divorce. For help deciding whether to choose divorce mediation or another path to divorce, a Mississauga family lawyer.
Why Choose Divorce Mediation?
In divorce mediation, a professional mediator facilitates negotiation between the spouses until they reach a settlement agreement about how to divide their marital property. If they have minor children, they can also draft a parenting plan during mediation. You can consult with a lawyer before mediation or even ask your lawyer to attend the mediation sessions with you.
Before the mediation process begins, the mediator meets with the spouses separately to determine whether they are a good fit for mediation. The mediator can refuse to move forward with mediation and instead advise the couple to divorce in court if the mediator reasonably believes that there is domestic violence or a power imbalance that would jeopardize the fairness of the outcome of mediation.
Divorce Mediation Is Not for Everyone
You know your situation better than anyone else does. Even if this would not be obvious to the mediator after a one-on-one meeting, you might know that your spouse is so stubborn that you will not be able to reach an agreement. Your spouse might also charm the mediator, but you know that he or she will bully you into accepting an agreement that you do not want.
If Not Divorce Mediation, Then What?
If you decide not to do divorce mediation, or if you try it but it does not work, the obvious choice is to apply for a divorce in court. Another option is to choose arbitration. In arbitration, the meetings are private like mediation meetings, and the process ends with a signed agreement, but the arbitrator plays a role in the outcome of the decision, more like a judge and less like a mediator.
Contact Zagazeta Garcia LLP About Pleadings in Family Law Cases
A family lawyer can help you navigate the divorce mediation process if you choose mediation. Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.
Source:
ontario.ca/page/family-mediation
